Protection of pay

The accountat is nobody to cancel an ordr of pay protection. He can opnly say that the order is not admissible as per such and such rule. In case he cannot sustain his decision by way of any rule position he can himself be iable fro disciplinary action. The right of pay protection starts from the day the pay is earned.  Ask you administration to elaborate the rule. read FR 21&22. In case the post assumed by you has higher scale or Grade pay than post relinquished even pay fixation on theline of promotion is admissible.

Sir, I m very much thankful for your kind guidance. I want to inform you that Accounts Officer, who is objecting my case was one of the officer, involved in my pay protection approval case. He approved my case and now he is telling that he did something wrong. Now he is quoting the following rule "

"In case of candidates working in Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous Bodies, who are appointed as direct recruits on or after 1.1.2006 on selection through interview by a properly constituted agency including Departmental Authorities making recruitment directly, their initial pay may be fixed by granting them the Grade Pay attached to the post. Further, their pay in the Pay Band may be fixed at a stage so that the pay in the Pay Band +Grade Pay and DA as admissible in the government, protects the pay +DA already being drawn by them in their parent ofganisations. The pay in the Pay Band fixed under this formulation will not be fixed at a stage lower than Entry Pay in the Revised Pay Structure (corresponding to the Grade Pay applicable to the post) for direct recruits on or after 1.1.2006 as notified vide Section 11, Part A of First Schedule to CCS(RP) Rules, 2008. The pay in the Pay Band fixed under this formulation will not exceed Rs. 67000, the maximum of the Pay Band PB-4."

According to him, as I have been selected through direct recruitment not through interview, so I am not elligible for pay protection. My administration section, is very much in my favour.

Thanks once again.

You pay will not exceed maximum of scale but that does not mean that it will be minimum.

Thank u so much for ur response.

In case my pay protection order is cancelled, I have to take minimum salary once again as per Schedule II of CCS Revised Pay Rules, 2008 , which is nearabout 5000/- less than the salary I was drawing in my previous department.

Sir I just want to confirm, if a person applied through channel and selected through open competetion in another government department, will he be elligible for pay protection or not? Kindly provide me rule position, if available.  

Thanks once again.

Please read FR 22 and Govt instructions thereunder. Call back for specific doubt.

The Accounts Officer seems to be blank in rules and regulations. May that be a case of direct recruitment or through interview, ask the A.O. to quote any rule or Government of India/State's instructions in support of his contention, which do not allow pay protection when applied for the post through proper channel.

My sincere thanks to all respected members of lawyersclubindia for their kind guidance.

The Accounts Officer is referring the following OM stating that if a person appointed as direct recruits on or after 1.1.2006 on selection through interview by a properly constituted agency including Departmental Authorities making recruitment directly will be elligible for benefit of pay protection. If the person selected through open competition, even if he applied through proper channel, he is not at all elligible for pay protection benefit.

No.1213/2009-Pay-I
Government of India
Department of Personnel & Training
Estt (Pay-I) Section.

*****

New Delhi dated the 30^Th March, 2010

OFFICE MEMORANDUM

Subject: Guidelines for fixation of pay of candidates working in Public Sector Undertakings etc., recommended for appointment by the Commission by the method of recruitment by selection – regarding.

Reference is invited to this Department’s OMs No. 1211/88-Pay-I dated 7.8.89 and 1211196-Pay-I dated 10.7.98, whereby guidelines for fixation of pay of candidates working in Public Sector Undertakings etc., recommended for appointment by the Commission by the method of recruitment by selection through interview only, were issued.

2. Subsequent to the implementation of the recommendations of the 6th CPC and the issue of CCS(RP) Rules 2008, the system of Running Pay Bands and Grade Pays has been introduced. Accordingly, in partial
modification of this Department’s OM dated 7.8.89 and 10.7.98 referred to above, the method of pay fixation in respect of those appointed on or after 1.1.2006 will be as under:

“In case of candidates working in Public Sector Undertakings, Universities, Semi-Government Institutions or Autonomous Bodies, who are appointed as direct recruits on or after 1.1.2006 on selection through interview by a properly constituted agency including Departmental Authorities making recruitment directly, their initial pay may be fixed by granting them the Grade Pay attached to the post. Further, their pay in the Pay Band may be fixed at a stage so that the pay in the Pay Band +Grade Pay and DA as admissible in the government, protects the pay +DA already being drawn by them in their parent organisations. The pay in the Pay Band fixed under this formulation will not be fixed at a stage lower than Entry Pay in the Revised Pay Structure (corresponding to the Grade Pay applicable to the post) for direct recruits on or after 1.1.2006 as notified vide Section II, Part A of First Schedule to CCS(RP) Rules, 2008. The pay in the Pay Band fixed under this formulation will not exceed Rs. 67000, the maximum of the Pay Band PB-4.”

3. The conditions for admissibility of pay protection shall be the same as
stipulated in this Department’s OMs dated 7.8.89 and 10.7.98 referred to
above.

4. In so far as persons serving in the India Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.

5. These orders will be applicable w.e.f. 1.1.2006

(Rita Mather)

Director (Pay)

Sir, I am also producing the contents of DOP&T's O.M. No.12/1/96-Estt. (Pay 1) dated 10.7.1998. I am not able to understand the intention of this order. In this order, it is stated that "It is clarified that the benefit of pay protection under the above orders is available only if the selection is through interview and not through an open competitive examination". If a person applied through proper channel and his past service has also been counted but for pay protection, he is not elligible as he is appointed through open competitive examination. The concerned Accounts Officer is also stating that if the selection committee at the time of selection specifically pointed out that the candidate will be elligible for pay protection, then he will get the benefit. But in my case I was appointed through open competetive examination but no recommendation was given by the Selection Committee, hence I will not get the benefit.

 

Subject : Guidelines for Fixing Pay of candidates working in Public Sector Undertakings etc. recommended for appointment by the UPSC the method of recruitment by Selection - regarding.

The undersigned is directed to refer to this departments O.Ms No. 12/1/88-Estt. (Pay 1) dated 7.8.1989 and 8.6.1993 on the subject mentioned above which lay down guidelines for protection of pay in respect of the candidates working in Public Sector Undertakings etc. on their appointment as Direct Recruits on selection through a properly constituted authority including departmental authorities. The O.M. dated 7.8.1989 was issued on the initiative of the U.P.S.C.

2. This department has received certain cases seeking clarification as to the exact scope of this departments O.M. dated 7.8.1989 and the conditions under which benefit under that O.M. is admissible. The matter has been examined in consultation with the UPSC and the position is clarified as under.

3. The benefit of pay protection is available to the Govt. servants on their recruitment by selection through UPSC, subject to fulfillment of certain conditions. The benefit under the O.M. dated 7.8.1989 was extended to the candidates working in central PSUs/State, PSUs/ Universities/ Semi-Govt. Institutions/Autonomous Bodies etc. with a view to drawing talent, which is available in those organizations. The question whether the objective underlying the above orders could be achieved through open competitive examination in which the employees from Public Sector Undertakings etc. also appear, has been considered. It is clarified that the benefit of pay protection under the above orders is available only if the selection is through interview and not through an open competitive examination. Wherever the protection under the above orders is to be given, the Commission will indicate in its recommendation letter to the Ministry concerned that pay of such candidate(s) should be fixed as per the guidelines laid down in the above orders. Further, the benefit would be available to an officer coming from PSU etc. only if the officer has completed the period of probation successfully for being regularized/ confirmed in the post in the parent organisation.

4. The Ministry of Agriculture etc. are requested to keep the above clarification in mind in fixing the pay in such cases. The cases already decided otherwise in consultation with this Department need not be re-opened.

5. In so far as the persons working in the Indian Audit and Accounts Department are concerned, this clarification issues in consultation with the Comptroller and Auditor General of India.

Respected Experts

I was appointed on 27.01.2001 in pay scale of 4000-6000 ( central govt job)  . After 6th CPC pay was revised 4500-7000 and granted grade pay 2800 in the scale 5200-20500  . IN the year 2009 as on July 2009 my pay was 9790 +2800 GP .

My ACP was due in the year 2011 . I technically resigned on 10.06.10 and joined new central govt in the scale 9300-34500 with grade pay 4200 . My previous service and benefits added . in the new org my pay fixed on minimum of pay band i.e 9300 instead of 9790 .

When i represented for that i was informed that 9300 + 4200 ( 13500) is greather than 9790 + 2800 (  12590) hence your basic pay will be fixed on 9300. Even i was not granted any increment for the year 2010.

My colleague  who got ACP benefits six month later getting more scale than me and thus i facing monetary losses.

Swamys handbook states that  if appointment is of higher grade and responsibilities pay be fixed under FR 22 a (i) and pay should be fixed like promotion. Please clarify about my fixation and non granting of  increment for the year 2010 .Request to done my fixation and also quote order for representing again.

Thanks

You are entitled to pay fixation as per promotion.  In case the same is denied you can file an appeal under CCS(CC&A) Rules to the authority higher than the appointing authority as the decision is detrimental to your pay and pension. Some persons will advise you the appeal under CCS(CC&A) Rules is admissible only in disciplinary case but they will be wrong as they may not have ready rule 23(iv) of CCS(CC&A) Rules.

Since you have resigned from previous post befor being  due for ACP you cannot draw comparison with those who are getting more wages as having continued on the same post. You still have an optionto exercise lien and go back.

Sir

 Kindly guide me in my pay protection case. I would be grateful for ur guidance. the gist of my case is as under :

I am serving in Military Engineer Services as a Mate Electrician w.e.f. 17-02-2005.My present basic pay is (7060+1800)=8860/-.

 Our Department i.e Military Engineer Services has published some vacancies through open advertisement for the post of Store Keeper - Ii with the intial pay of (7200+1900)=7100/-. There is no departmental vacancy. The recruitment process is  (a) Written test for sorting of candidates as 1:5 ratio with the noumber of vacancies.  (b) Finalise the candidate by interview from the short listed 1:5 candidate.

I have applied for the post of Store Keeper - II as a departmental candidate as I fulfilled the critirea for departmental candidate (minimum qualification, minimum qualifying service and intimation to the department)

Shall I get the pay protection in case of etting offer letter for the post of Store Keeper-II.

Dear Sir 

My case is same pls let me know the final decesion. 

Thanking you

If the salary of the lower post is higher than minimum of highr post, you get protected and salary is fixed as per promotion formula.

Sir,

I joined central government service in 2005 Nov As a group C employee in Ministry of agriculture with the grade pay of 2800/. During the period I applied through proper channel Scientist post in Autonomous body and Asst Director post in Min of Agriculture(Through UPSC).Then In the year 2010 March I got selected as Scientist-C in autonomous body with the grade pay of 6600/. After serving 15 months in the post I have been selected as a Asst Director in Min of Agriculture through UPSC interview. Considering the place of posting I have joined Asst Director post in Chennai. Kindly clarify the chances of getting my pay protection.